*Brianna Watts
I. Introduction
Tesla Inc. (Tesla) is currently facing its first two trials of likely many following allegations that the “Autopilot” driver assistance feature failed and led to the death of two individuals in 2019.[1] The first trial, scheduled for mid-September, is a California civil suit involving the death of Micha Lee.[2] Lee, the owner of a Model 3[3] Tesla, was using the Autopilot system on a Los Angeles highway when the car suddenly veered off the highway at sixty-five miles per hour, struck a tree, caught in flames, and ultimately killed Lee, while seriously injuring the other two passengers.[4] Lee’s estate and the injured passengers filed the lawsuit, alleging that Tesla knew the Autopilot system was defective when the car was sold.[5] The second trial, scheduled for early October, is a Florida civil suit involving the death of Stephen Banner.[6] Banner, also the owner of a Tesla Model 3, was driving in Miami using the Autopilot feature when the car traveled under the trailer of an eighteen-wheeler truck, tearing off the roof of the vehicle, and ultimately killing Banner.[7] Tesla disputed liability in both accidents, citing driver error and relying on the requirement that the driver must monitor the Autopilot assistance feature when in use to ensure safety.[8] In court documents, Tesla stressed that “[t]here are no self-driving cars on the road today.”[9]
II. History
Once only a dream in the works of science fiction, automated vehicles[10] have been around since the late 1970s.[11] As the number of vehicles with automated driving systems on the roads increased, it was not long before accidents associated with this feature occurred.[12] In 2022, nearly 400 reported vehicular crashes involved partially automated driving systems–273 of which included Teslas.[13] Tesla, a leader in the industry since its founding in 2003, put cars with the Autopilot feature on the market in 2015.[14] The first deadly accident in the United States involving the driver assistance feature reportedly occurred in 2016, but the case never went to trial.[15]
As recently as April 2023, Tesla successfully defended its first suit relating to a crash allegedly caused by the automated driving software (albeit non-fatal).[16] Justine Hsu, the owner of a Model S[17] Tesla, alleged in the California civil suit that defects in the Autopilot driver assistance feature (as well as the airbag), caused her vehicle to swerve into a curb, deploying the airbag “so violently” it broke Hsu’s jaw, knocked out her teeth, and caused nerve damage in her face.[18] Tesla rejected any liability, citing the user manual’s warning against using Autopilot on city streets.[19] The jury sided with Tesla and awarded Hsu zero damages.[20]
III. Implications
The question of how autonomy implicates liability in the case of motor vehicle accidents is an interesting and novel legal issue. The National Highway Traffic Safety Administration (NHTSA) has detailed the “evolution of automated technologies” and the five levels of automation ranging between “momentary driver assistance” and “full automation.”[21] Under levels zero to two, where the technology is available on vehicles for consumer purchase, the NHTSA makes it clear: “You, as the driver, are responsible for driving the vehicle.”[22] Teslas have achieved level two.[23] Of note, the safety benefits listed for advanced driver assistance systems include “assist[ing] a driver by anticipating imminent dangers and working to avoid them.”[24] Ironically, it is not always safety that results from the use of these driver “assistance” features, as shown by the Tesla suits from this year alone. Thus, the NHTSA is currently checking the safety of these self-driving vehicles through its “Standing General Order on Crash Reporting,” amended in April 2023, which requires “identified manufacturers and operators” to report to the NHTSA crashes involving vehicles “equipped with automated driving systems.”[25]
The cases involving Lee and Banner bothconcernmotor vehicle accidents where the Autopilot feature was involved, in the same model Tesla, each of which resulted in death to the driver. Considering Tesla’s recent success with the Hsu case, and a different model Tesla at issue, it may seem as though things are looking up for the company. However, with higher stakes, fatalities involved, and a lack of caselaw to guide magistrates and advocates, the courts’ verdicts are hard to anticipate.
IV. Conclusion
The NHTSA states that “[i]t is vital to emphasize that drivers will continue to share driving responsibilities for the foreseeable future.”[26] Current CEO Elon Musk predicts that Tesla will achieve “fully autonomous vehicles” sometime later this year.[27] For some, this is a scary thought, and for others, this is a dream come true. As insurance companies, local governments, and legislators grapple with the legal consequences of drivers utilizing these driver assistance features, technology continues to advance. These trials will likely have unprecedented consequences on developing governance for the nascent tech of the autonomous vehicle industry, regardless of result.
*Brianna Watts is a second-year day student at the University of Baltimore School of Law. After her first year, Brianna was inducted into the Royal Graham Shannonhouse III Honor Society. Brianna is currently a Law Review Staff Editor, an American Association for Justice Trial Team member, and a 2L Representative for the Criminal Law Association. During her first-year summer, Brianna participated in the Scotland study abroad program and served as a judicial intern to the Honorable Beau H. Oglesby and the Honorable Brian D. Shockley at the Circuit Court for Worcester County in her hometown of Ocean City, Maryland.
[1] Dan Levine & Hyunjoo Jin, Focus: Tesla Braces For its First Trial Involving Autopilot Fatality, Reuters (Aug. 28, 2023, 12:59 PM), https://www.reuters.com/business/autos-transportation/tesla-braces-its-first-trial-involving-autopilot-fatality-2023-08-28/.
[2] Id.
[3] For more information on the Model 3, see Model 3, Tesla, https://www.tesla.com/model3 (last visited Sep. 3, 2023).
[4] Levine & Jin, supra note 1.
[5] Id.
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] In following the practice of the NHTSA, when referring to vehicles with capabilities “where a traditional driver would no longer be needed,” I use the phrase “automated vehicles,” or vehicles with “automated driving systems.” For more information, see Automated Vehicles for Safety, Nat’l Highway Traffic Safety Admin., https://www.nhtsa.gov/technology-innovation/automated-vehicles-safety#the-topic-safety-timeline (last visited Oct. 18, 2023).
[11] A Brief History of Autonomous Vehicle Technology, Wired, https://www.wired.com/brandlab/2016/03/a-brief-history-of-autonomous-vehicle-technology/ (last visited Sep. 3, 2023).
[12] Tom Krishner, US Report: Nearly 400 Crashes of Automated Tech Vehicles, Associated Press, June 15, 2022, https://apnews.com/article/self-driving-car-crash-data-ae87cadec79966a9ba56e99b4110b8d6.
[13] Id.
[14] Tesla: A History of Innovation (and Headaches), Forbes (Sep. 29, 2022, 4:12 PM), https://www.forbes.com/sites/qai/2022/09/29/tesla-a-history-of-innovation-and-headaches/.
[15] Abhirup Roy et al., Tesla Wins Bellwether Trial Over Autopilot Car Crash, Reuters (Apr. 22, 2023, 5:43 AM), https://www.reuters.com/legal/us-jury-set-decide-test-case-tesla-autopilot-crash-2023-04-21/.
[16] Id.
[17] For more information on the Model S, see Model S, Tesla, https://www.tesla.com/models (last visited Sep. 3, 2023).
[18] Roy et al., supra note 14.
[19] Id.
[20] Id.
[21] Automated Vehicles for Safety, supra note 10.
[22] Id.
[23] Cherise Threewitt, What Does Tesla’s Full-Self Driving Mode Do?, U.S. News, (Aug. 22, 2023, 4:00 PM), https://cars.usnews.com/cars-trucks/advice/tesla-full-self-driving.
[24] Id.
[25] Standing General Order on Crash Reporting, Nat’l Highway Traffic Safety Admin., https://www.nhtsa.gov/laws-regulations/standing-general-order-crash-reporting (last visited Sep. 3, 2023).
[26] Automated Vehicles for Safety, supra note 10.
[27] Robert Hart, Elon Musk Predicts Tesla Self-Driving Cars Will Arrive ‘This Year’, Forbes (Jul. 6, 2023, 6:13 AM), https://www.forbes.com/sites/roberthart/2023/07/06/elon-musk-predicts-tesla-self-driving-cars-will-arrive-this-year/.
University of Baltimore Law Review 